Project-Specific Agreement- for the Heyborne Recharge and Wildlife Project

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maintenance costs associated with the HRWP, 3) electrical costs to pump the HRWP, 4) other costs associated with the HRWP. 13.The parties agree that the HRWP will primarily be operated each year during the non-South Platte Compact period, (October 16t" thru March 3161) and thal diversions to the HRWP will occur during most of this time period. HRWP may also be operated during the South Platte Compact period when the January $, 2008 water right to be decreed in Case No. 08CW24 is in priority, and may be operated out-of-prioriry during the South Platte Compact period subject to the terms of paragraph 9. Lower and SPRR acknowledge that operations will be subject to constraints such as water availability in the river, icing, other inclement weather conditions, and pond capacity and recharge rates. During HRWP operations, water shall be delivered in equal priority to Pond 1 and Pond 4 as shown on the attached Exhibit C(for SPRR habitat needs and Lower's development of longer term recharge accretion credits) prior to delivery of water to Ponds 2 and 3 as shown on the attached Exhibit C. If Lower dces not operate the HRWP for at least 50% of the non-South Platte Compact period for three consecutive years, Phase 1 of this Agreement shall terminate and Phase 2 shall begin, as further described in paragraphs 18 and 19 of this Agreement. For the purpose of determining whether or not Lower has operated the HRWP 50% of the time, periods when diversions were not made due to water availability, icing, other inclement weather conditions, or pond capacity and recharge rates, shall be excluded. , 14. Lower's financial obligations under this Agreement including, but not limited to, construction and operation costs, are contingent upon obtaining funds from SPWRAP and other government sources in amounts sufficient to cover Lower's , � obligations. This contingency shall be deemed satisfied at the sole determination of Lower. 15. Lower agrees to pay electrical costs for out-of-priority pumping defined in paragraph 9 so long as all requirements described in paragraph 9 are met. � 16.A11 unused and non leased credits from the HRWP and Lower's allocation, not needed to augment � Sedgwick County shall be dedicated to SPWRAP for its use at no cost when needed by the PRRIP. from both SPRR's allocation out-of-priority depletions in and/or the State of Colorado �' 17.The parties agree that the use of accretion credits generated by HRWP shall be limited to replacement of depletions originating or occurring in Sedgwick County, Colorado and/or to the State of Colorado's water obligation to the PRRIP. I' ' ' 18.The term of this Agreement shall be divided into two phases, "Phase 1" and "Phase 2". The term of Phase 1 shall be for 30 years beginning the date both 4